WSR 17-01-020 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed December 12, 2016, 10:46 a.m., effective December 24, 2016] Effective Date of Rule: December 24, 2016.
Purpose: Under the prior versions of WAC 392-121-571 and 392-121-578, school district and charter school career and technical education (CTE) programs were allowed to carry over CTE program funds from one school year to the ensuing school year in an amount up to the CTE enhancement. The purpose of the amended rules, when combined with the current enhancement level provided under law, is to allow school districts or charter schools to access a carryover amount equal to ten percent of the minimum expenditure amount.
On August 26, 2016, an identical emergency rule (WSR 16-18-025) went into effect allowing school districts and charter schools to access the ten percent carryover before the end of the prior fiscal year (August 31). The emergency rule expires on December 24, 2016. The effective date of this rule is therefore December 24, 2016, less than thirty-one days after filing. The earlier effective date is necessary in order to ensure that there is no gap in school districts' or charter schools' authority to access the ten percent carryover for the current fiscal year.
Citation of Existing Rules Affected by this Order: Amending WAC 392-121-571 and 392-121-578.
Statutory Authority for Adoption: RCW 28A.150.290.
Other Authority: RCW 84.52.0531.
Adopted under notice filed as WSR 16-22-039 on October 27, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 9, 2016.
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-571 Vocational indirect cost limit—Definitions.
As used in WAC 392-121-570 through 392-121-578:
(1) "Program 31" means the high school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(2) "Program 34" means the middle school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(3) "Basic allocation for vocational students" means the amount of money generated by a school district's or charter school's vocational full-time equivalent enrollment in the general apportionment formula using the state funding formula factors including the grade 4-12 staffing ratios without enhancement, and using the district's or charter school's average certificated instructional staff mix factor for program 31 staff from the district's S-275 personnel report.
(((3))) (4) "Enhancement allocation for vocational students" means the additional money above the basic allocation for vocational students generated by a school district's or charter school's vocational full-time equivalent enrollment as a result of the enhanced state vocational staffing ratio and enhanced nonemployee related cost allocation for vocational students. This enhancement shall be calculated using the district's or charter school's average certificated instructional staff mix factor for program 31.
(((4))) (5) "Vocational running start allocation" means the amount generated in the general apportionment formula by a school district's or charter school's running start students enrolled in vocational courses in a community or technical college pursuant to chapter 392-169 WAC.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-578 Vocational indirect cost limit—Recovery of state allocations.
(1) At the time of the January apportionment calculations after the close of the school year, the superintendent of public instruction shall recalculate each school district's or charter school's minimum direct expenditures.
(2) If the district's or charter school's program 31 expenditures are below the minimum program 31 expenditure amount, the district or charter school shall be allowed to carry over into the ensuing school year an amount equal to up to ten percent of the minimum expenditure amount excluding any carryover from the prior school year((. The actual amount carried over to the ensuing year shall be no more than the vocational enhancement)), less ((the)) recovery.
(3) The superintendent of public instruction shall recover from the district's or charter school's general apportionment allocation as a prior year adjustment an amount equal to the lesser of the district's or charter school's enhancement allocation for vocational students or the following amount:
(a) The district's or charter school's minimum program 31 expenditures; minus
(b) The district's or charter school's program 31 expenditures plus any allowable carryover.
(4) Recoveries made pursuant to this section shall be adjusted after the January apportionment calculation if revised enrollment, staff mix, or expenditure data submitted by the district or charter school and accepted by the superintendent of public instruction materially affects the district's or charter school's recovery amount.
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